Storymakery Terms of Service
Last Updated: October 7, 2015
Thank you for your interest in the subscription service offered by Pastiche Ventures, LLC through Storymakery™ (collectively, “Pastiche Ventures, LLC,” “Storymakery,” “we,” “our,” or “us”). Our subscription service (the “Service”) allows users of the site (the “Members”) to create their own digital artifacts (the “Stories”) by assembling content available through the Service, and to share those Stories with other Members through our website (the “Site”) subject to these Terms of Service. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Service and/or the Site.
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS OF SERVICE (THE “TERMS OF SERVICE”) CONSTITUTE A LEGALLY BINDING AGREEMENT AND APPLY TO YOUR USE OF THE SERVICE, THE SITE AND/OR THE Stories. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THE SERVICE AND/OR THE SITE, YOU AGREE AND ACKNOWLEDGE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER YOU ARE A “MEMBER” (WHICH MEANS YOU HAVE SUBSCRIBED TO THE SERVICE) OR A “VISITOR” (WHICH MEANS THAT YOU ARE SIMPLY BROWSING THE SERVICE). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE, THE SITE OR THE Stories.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF SERVICE AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING WITH THE SERVICES. ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY. YOUR CONTINUED USE OF THE SERVICE, THE SITE AND/OR THE Stories FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, AS MODIFIED. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SERVICE AND THE SITE. THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THESE TERMS OF SERVICE REGULARLY.
If you are under the age of 18, you should review these Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand the Terms of Service.
Ours is a subscription-based service through which you can create your own Stories and access, read and enjoy the Stories published by other Members stored in our online library (“Library”). By subscribing to the Service, each Member must create an Account (as defined below) on the Site. Creating an account allows a Member to create and browse an unlimited number of Stories. Certain additional products and services are available through the Service upon payment of a fee or fees, as detailed below.
You are required to register and create a unique, password-protected account (“Account”) in order to access and use the Service and/or the Site. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to delete your Account without warning if you are found to have misrepresented your age or any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and email address. You agree to (a) immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not.
In order to use the Service, you must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service on your behalf.
Provided that you fully comply with these Terms of Service, we grant you a personal, non-exclusive, non-transferable, revocable, limited right to access and use the Site and the Service to display the Stories for your personal and non-commercial use only through your Account. For any software authorized for download or online use in connection with the Service, we hereby grant to you a personal, non-exclusive, non-transferable, revocable, limited license to operate the software solely for using the applicable Service for your personal and non-commercial use. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Any unauthorized use of the Service, the Site and/or the Stories will terminate the limited license granted by us and will result in the immediate cancellation of your subscription, which could result in the permanent loss of any data in your Account.
You acknowledge and agree that the Service, the Site and/or the Stories use and contain proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. All licenses, rights, and interest in, to and with respect to the Service, the Site and/or the Stories, the elements and parts thereof, and the media of exhibition and exploitation thereof, not specifically granted to you herein shall be and are reserved by and for us or our licensors. The Stories made available through the Service, including, without limitation, all information, data, text, software, photographs, graphics, video, or other materials forming part thereof are copyrighted by us or our licensors under United States and international copyright laws and may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way. The names and likenesses of the characters, persons and other entities appearing in or connected with the Stories shall not be used in any manner so as to constitute an endorsement or testimonial, express or implied, of any party, product or service, by “commercial tie-in” or otherwise. Certain marks, words and logos displayed on the Service, the Site and/or the Stories, which may or may not be designated by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks belonging to us or our licensors. You are not authorized to use any such marks. Ownership of all such marks and the goodwill associated therewith remains with us or our respective licensors.
CONTENT CONTRIBUTED TO THE SITE BY MEMBERS
User Content. The Site allows Members to create their own Stories by modifying and adding to digital content provided on the Site, such as images and narrative templates. In these Terms of Service we refer to all modifications to existing content and all new content provided by Users as “User Content”. In order for us to make the User Content you contribute available for use on the Site, and to operate, market and promote the Service, we need own any and all copyright in such User Content in accordance with and subject to these Terms of Service. Therefore, any and all copyright in User Content you contribute to or create on the Site will be owned by Storymakery. Storymakery will automatically grant to you an irrevocable and perpetual, exclusive, non-transferable, fully-paid, royalty-free, worldwide license, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, for non-commercial and personal purposes only. Storymakery reserves the right to remove Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
Termination. Upon written notice to us of the termination of your use of the Site and these Terms of Service in the manner provided below, your license to the User Content will continue with respect to any non-commercial and personal use of User Content. As the owner of the copyright in the User Content, upon such termination, Storymakery retains the right to use the User Content for any Permitted Use. A Permitted Use is any use of User Content permitted by these Terms of Service or the Service. For example, if at the time of your termination any User Content you have contributed to the Site is used in a Storymakery, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue. In particular, if at the time of your termination the User Content has been sublicensed by us to a third party for publication and distribution in print, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Finally, if your use of the Site or these Terms of Service terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
Warranties Provided by You. You represent and warrant to Storymakery that (a) you are the sole author of User Content you contribute to the Site or you have written permission from the author to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with these Terms of Service and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and these Terms of Service.
Free Subscription. Basic use of the Service is free.
Paid Subscription and other fees. Certain products and services are available through the Service upon payment of a fee. By subscribing to the Service’s Young Muse offering, you expressly agree to pay any subscription fees, corresponding to your subscription plan, plus any applicable tax. By purchasing any products or additional services available through the Service, you expressly agree to pay any fees corresponding thereto, plus any applicable tax. Please note that fees are subject to change with notice, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. During your registration process, you will choose one of the payment methods accepted by us for directly charging your fees. You hereby authorize us to automatically charge your payment method for the subscription fees on each monthly anniversary of the commencement of your subscription, until you cancel your subscription. Subscription fees are fully earned upon payment. In the event your subscription commenced on a day not contained in a given month, we will charge you on the last day of such month. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your payment method. Payments are nonrefundable and there are no refunds or credits for partial-month subscription periods. If you want to change your payment method, such as your credit card validity or expiration date, you may edit your payment method information by changing your Account information on the Site.
Cancellation. To cancel your subscription, please visit our Site and follow the membership cancellation instructions. You may cancel your subscription at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.
DISCLAIMERS OF WARRANTIES
OUR SERVICE, INCLUDING THE SITE AND THE Stories, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE, THE SITE OR THE Stories WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT WE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING ANY FEATURES THEREOF, WITHOUT COMPENSATION OR NOTICE TO YOU. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE, THE SITE OR THE Stories OR THAT YOUR USE OF THE SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) CONTENT CONTAINED ON OR DEFECTS WITH Stories; (II) ERRORS OR OMISSIONS IN THE Stories; (III) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE SERVICE, THE SITE AND/OR THE Stories; (IV) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED IN THE Stories; AND (VII) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICE, THE SITE AND/OR THE Stories.
LIMITATION OF LIABILITY
You understand and agree that your use of the Service, the Site and/or the Stories is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer. IN NO EVENT SHALL WE, OUR LICENSORS OR ANY OF OUR OR THEIR SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, INCLUDING OUR SITE AND THE Stories. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, THE SITE OR ANY eBook (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S SUBSCRIPTION FEES ON YOUR SUBSCRIPTION PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RELEASE AND WAIVER
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our licensors, and each of our respective officers, agents and employees, from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to your use of the Service, the Site and/or the Stories. If you are a California resident, you expressly waive your rights under California Civil Code Section 1542 which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Customer acknowledges that any fact relating to any matter covered by this release may be found to be other than now believed to be true and Customer accepts and assumes the risk of such possible differences in fact. In addition, Customer expressly waives and relinquishes any and all rights and benefits which Customer may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our licensors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and/or the Site; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive termination of your subscription.
We reserve the right to terminate or restrict your use of the Service, the Site and/or the Stories, without notice, for any or no reason whatsoever.
THIRD PARTY CONTENT AND WEBSITES
Third Party Content. Content created by third parties is made available to you through use of the Service, including in other Members’ Stories and comments on the Site. You agree that we are not responsible for any such third-party content, including information about third-party products or services; that we make no guarantee about the accuracy, currency, suitability, or quality of such third-party content; and that we assume no responsibility for unintended, objectionable, infringing, inaccurate, misleading, or unlawful third-party content made available by other Members, advertisers, and third parties.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Products is excluded and does not apply to these Terms of Service. If any dispute relating in any way to these Terms of Service or the policies or your use of the Website shall be submitted to confidential arbitration in Orange County, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by Applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Service is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Service will remain in full force and effect. These Terms of Service constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.